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Full-Text Articles in Law
The 1988 U.N. Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances --A Ten Year Perspective: Is International Cooperation Merely Illusory?, Jimmy Gurule
Fordham International Law Journal
On the ten-year anniversary of the adoption of the 1988 U.N. Drug Convention, this Article analyzes whether signatory- parties have complied with the duties and obligations imposed thereunder, and, in particular, whether the Convention has enhanced international cooperation in narcotics enforcement. Part I of this Article examines the legal obligations and duties imposed under the 1988 U.N. Drug Convention, with special emphasis on the provisions aimed at criminalizing money laundering and at forfeiture of illicit drug proceeds and instrumentalities of narcotics trafficking. Additionally, Part I examines the requirement that parties afford one another the "widest measure of mutual legal assistance …
Negotiation And The Dispute Resolution In The Sri Lankan Context: Lessons From The 1994-1995 Peace Talks, David M. Rothenberg
Negotiation And The Dispute Resolution In The Sri Lankan Context: Lessons From The 1994-1995 Peace Talks, David M. Rothenberg
Fordham International Law Journal
This Article consists of four parts. Part I sketches the historical background of the Sri Lankan ethnic conflict and the process of easing ethnic tensions. This overview seeks to introduce the reader to the principal parties, issues, and developments in the dispute resolution process, as well as to elicit historical trends that inform current efforts to achieve peace. Part II systematically presents, through published reports, letters, and joint statements of the parties, and through interviews with negotiators and officials from both the government and the LTTE, the events and the process of the 1994-95 peace talks. Part II aims to …
Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher
Trademark Law And Parallel Imports In A Globalized World--Recent Developments In Europe With Special Regard To The Legal Situation In The United States, Carl Baudenbacher
Fordham International Law Journal
This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Com- munities in the Silhouette case. Part III focuses on the development of the law in the European Union ("EU") and European Economic Area ("EEA") Member States, as well as in the EU and in the EEA before Silhouette and Maglite. In Part IV, comments are made with regard to the reasons given in Maglite …
The Case For A Reform Of Regulation 17/62: Problems And Possible Solutions From A Practitioner's Point Of View, Frank Montag
The Case For A Reform Of Regulation 17/62: Problems And Possible Solutions From A Practitioner's Point Of View, Frank Montag
Fordham International Law Journal
This Essay first describes the shortfalls of the current enforcement regime under Regulation 17 and the practical problems that undertakings experience in enforcement proceedings. It then discusses the suggestions for reform of Regulation 17. Finally, this Essay illustrates that although amendments and changes to the current procedural rules could solve some of the problems undertakings are facing in competition proceedings today, in order to address these problems effectively, changes to the underlying institutional system will be necessary.
U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos
U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos
Fordham International Law Journal
This Comment analyzes the effect of such predictions on current U.S.-Mexican extradition policy. Part I examines the events leading up to the Court's controversial ruling in Alvarez in the context of established principles and legal precedent on extradition and foreign abductions. Part II describes how controversial the Court's decision was on a domestic and global scale. Specifically, Part II explores opposition from the international community, including responses from the Mexican government and other Latin American countries. Part II also examines domestic reactions to the decision among commentators and scholars, executive leaders, federal courts, and members of the U.S. Congress ("Congress"). …
Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman
Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman
Fordham International Law Journal
This Essay explores the problems that have emerged over the right to parade since 1994. It begins with a brief review of the historical significance of parades in Ireland before summarizing the background to the current disputes. This Essay considers the causes of the problem, the arguments of the various parties, and the development of legal controls on parades. The Essay then moves on to review the attempts that have been made to resolve the issue. In particular, the Essay focuses on the formal measures that have been taken by the British Government to resolve the disputes rather than the …
From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien
From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien
Fordham International Law Journal
This Essay examines the process by which the language of human rights moved to center stage in the political process. It looks to peace processes elsewhere to determine whether the Agreement is deserving of the High Commissioner's special praise and analyzes, from a human rights perspective, the content of the Agreement and the extent to which the promises made therein have been fulfilled to date.
International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave
International Dimensions Of Crimes In Cyberspace, David Goldstone, Betty-Ellen Shave
Fordham International Law Journal
Part I describes a few experiences with international computer hackers in order to provide a context for the rest of the Essay. Part II extracts from that experience the central issues that have arisen-and predictably will continue to arise-in connection with investigating and prosecuting international electronic crimes. These concerns are divided into three subject areas: the substantive law, the procedural law, and operational issues. Finally, Part III summarizes international efforts to address concerns raised by crimes in cyberspace.
The Treaty Of Amsterdam In Historical Perspective: Introduction To The Symposium, Roger J. Goebel
The Treaty Of Amsterdam In Historical Perspective: Introduction To The Symposium, Roger J. Goebel
Fordham International Law Journal
On February 27-28, 1998, the Center on European Union Law of the Fordham Law School was pleased to present a program, “The European Union and the United States: Constitutional Systems in Evolution,” intended to provide a clear description of the impact of the Treaty of Amsterdam upon the European Union (or “EU”), and to enable some valuable points of comparison and contrast between constitutional and legal developments within the European Union and the United States. This symposium issue of the Fordham International Law Journal publishes a series of papers presented at the conference centering on the Treaty of Amsterdam, signed …
The European Union In International Affairs: Recent Developments, Hugo Paemen
The European Union In International Affairs: Recent Developments, Hugo Paemen
Fordham International Law Journal
I have been invited to discuss the changing role of the European Union (or “EU”) in the world today. Let me start by highlighting some random examples of EU action in international affairs during 1997. As Europe continues to integrate domestically, it will be forced to reassess the image that it projects in the world. As it does so, institutional reform will become even more compelling if the European Union is to conduct the coherent external policy that most people in the world expect of it. Some had hoped that last the June 1997 Summit in Amsterdam would at least …
International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward
International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward
Fordham International Law Journal
The shaping of international order, and the place of concepts such as law and community within that order, has emerged as one of the most pressing issues in contemporary legal and political thought. This Essay examines three recent theses, each of which attempts to locate a public philosophy appropriate to the emerging new world order. Part I of this Essay takes a look at these theses: the orthodox Kantian theory of international relations, as recently articulated by Fernando Teson in A Philosophy of International Law, the liberal communitarian theory, which has been eloquently restated by Martha Nussbaum in Cultivating Humanity: …
The Belfast Agreement, David Trimble
The Belfast Agreement, David Trimble
Fordham International Law Journal
Jim Molyneaux and Ian Paisley, the then unionist leadership, began this process in 1987 when they gave alternative proposals to Tom King, the then Secretary of State for Northern Ireland. The Brooke talks ended in apparent failure in November 1992, but from a unionist perspective, in fact made significant progress. There was a period in 1993 when it appeared that the British government was receptive to unionist urging to implement the "strand one committee report." Despite these doubts, we in the Ulster Unionist Party remained in the talks when Sinn Fein, the political wing of the IRA, was admitted in …
Ireland--The Healing Process, John Hume
Ireland--The Healing Process, John Hume
Fordham International Law Journal
As you are aware, the quarrel on our island has gone on for several centuries. Looking at the example of the conflict in Ireland, there are two mentalities in our quarrel - the Nationalist and the Unionist. The real political challenge to the Unionist mindset occurred when Nationalist Ireland essentially said: "Look, your objective is an honorable objective, the protection and preservation of your identity." Geography, history, and the size of the Unionist tradition guarantee that the problem cannot be solved without them, nor against them. If we can leave aside our quarrel while we work together in our common …
To Cherish A Just And Lasting Peace, Gerry Adams
To Cherish A Just And Lasting Peace, Gerry Adams
Fordham International Law Journal
In the opening line of the diary that he kept during the first three weeks of his hunger strike, republican prisoner Bobby Sands, who died after fifty-five days on strike, wrote: "I am standing on the threshold of another trembling world." This system has created a unionist one party state that has rejected basic principles of democracy, justice, and equality. Throughout the development of our peace strategy and the talks process, republicans pursued the peace process in the context of our republican analysis of the situation and with a solid strategy to meet all of the difficulties head on. In …
The Good Friday Agreement: An Overview, Bertie Ahern
The Good Friday Agreement: An Overview, Bertie Ahern
Fordham International Law Journal
On 22 May, it received the overwhelming endorsement of the people of Ireland in referendums, North and South. For the first time, a precise mechanism has been defined - and accepted by the British Government - by which a united Ireland can be put in place, by the consent of Irish people and that alone. This involves setting up a new North-South Ministerial Council to develop consultation, co-operation and action within the island of Ireland on matters of mutual interest and establishing, as a start, at least six implementation bodies operating on a cross-border or all-island basis. The people, North …
Why Decommissioning Is A Real Issue, John Bruton
Why Decommissioning Is A Real Issue, John Bruton
Fordham International Law Journal
The Nationalist minority in Northern Ireland is protected by the Agreement. One of the principles to which both Sinn Fein and the Progressive Unionist Party agreed in 1997 was that they gave their "total and absolute commitment to the total disarmament of all paramilitary organisations." It is important for a U.S. audience to understand that those of us in Ireland who are concerned to maintain certain basic norms of representative democracy have good reasons to insist on the principle of the decommissioning of paramilitary weapons, regardless of who the weapons are held by, or for what motive. But if one …
An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne
An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne
Fordham International Law Journal
They include the treatment of the issues of self-determination, consent, and the status of Northern Ireland in the Irish Constitution and in British constitutional legislation; the establishment of new democratic institutions in Northern Ireland on a partnership basis; the creation of formal new links between the two jurisdictions in Ireland through a North/South Ministerial Council and a number of related bodies exercising executive functions; and the development of wider connections within Britain and Ireland through a British-Irish Council involving the two governments and devolved institutions in Scotland, Wales, and Northern Ireland, as well as a continuing British-Irish Intergovernmental Conference. There …
The Good Friday Agreement: A Triumph Of Substance Over Style, Kate Fearon, Monica Mcwilliams
The Good Friday Agreement: A Triumph Of Substance Over Style, Kate Fearon, Monica Mcwilliams
Fordham International Law Journal
This Essay consists of five parts. Part I locates the Agreement in a series of constitutional attempts to resolve the "Irish question" from 1971 onwards, arguing that the Agreement is both similar to, yet fundamentally different from, other settlement propositions. Part II introduces the reader to the Northern Ireland Women's Coalition (or "NIWC"), saying something of its founding rationale and environment before considering its priorities for the political process in which it found itself immersed in May 1996. Part III further outlines the role that the NIWC assumed in that process, and its modus operandi, going on to describe the …
The Belfast Agreement, Duncan Shipley-Dalton
The Belfast Agreement, Duncan Shipley-Dalton
Fordham International Law Journal
The Belfast Agreement (or "Agreement"), to give it its proper name, reached at Stormont on Good Friday 1998, is an important document of Irish history. It is certainly a political text, but it has important legal effects. And these I wish to emphasize. As a member of the Ulster Unionist Party ("UUP") - elected later to the Northern Ireland Assembly - I accepted the Agreement on April 10 as the best opportunity for the return of power to all the people of Northern Ireland. At the time of writing (early March 1999), the major issue remains the decommissioning of Irish …
'Constructive Ambiguity' Or Internal Self-Determinatinon? Self-Determination, Group Accommodation, And The Belfast Agreement, Christine Bell, Kathleen Cavanaugh
'Constructive Ambiguity' Or Internal Self-Determinatinon? Self-Determination, Group Accommodation, And The Belfast Agreement, Christine Bell, Kathleen Cavanaugh
Fordham International Law Journal
This Essay examines the Belfast Agreement (or "Agreement") in the light of international law on self-determination and minority rights. Northern Ireland cannot be evaluated in a vacuum; already it is being suggested that the Northern Ireland peace process and the formula devised in the 1998 Belfast Agreement may serve as a model for other divided societies. Indeed, this possibility was raised by President Clinton during his September 1998 visit to Belfast and was reiterated by the U.N. High Commissioner for Human Rights on her more recent visit in December 1998. International law claims to address many of the issues central …
Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley
Conflict In Northern Ireland After The Good Friday Agreement, Seamus Dunn, Jacqueline Nolan-Haley
Fordham International Law Journal
These include a "commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community" and eight particular rights are spelled out: the "complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including powers for the courts to overrule Assembly legislation on the grounds of inconsistency"; a new Northern Ireland Human Rights Commission; a new statutory Equality Commission; a normalization of security arrangements and practice, including the reduction in the numbers and role of British Armed Forces deployed …
Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy
Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy
Fordham International Law Journal
The same dilemma remains for those in Northern Ireland today who genuinely want peace, reconciliation, and stability, but who at the same time see in what is termed the peace process, if not deceit, then much glossing over, a lot of ambiguity, and a deal of bad history. In 1921 the new institutions in Northern Ireland, the regional government and Parliament began life under the fiercest onslaught from Irish nationalism, both within its own boundaries and from the rest of the island. It was also critical of the early peace process under which John Hume of the SDLP had commenced …
The Northern Ireland Human Rights Commission, Stephen Livingstone
The Northern Ireland Human Rights Commission, Stephen Livingstone
Fordham International Law Journal
The extent of these powers [...powers to scrutinize proposed legislation before the Northern Ireland Assembly for its compliance with human rights standards, to assist litigants in bringing human rights complaints before the courts, and to conduct investigations into matters that give rise to human rights concerns...advising the Secretary of State for Northern Ireland as to whether any additional human rights, beyond those to be introduced for the whole of the United Kingdom by the Human Rights Act 1998, should be included in a Bill of Rights specific to Northern Ireland...], and their adequacy to the task that the Commission is …
The Nature Of The Agreement, Brendan O'Leary
The Nature Of The Agreement, Brendan O'Leary
Fordham International Law Journal
This article contains the Ninth John Whyte Memorial Lecture which discusses the Multi-Party Negotiations, also known as the British-Irish agreement, which aimed to formalize the end of “The Troubles” in Ireland.
The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan
The Criminal Cases Review Commission's Effectiveness In Handling Cases From Northern Ireland, Siobhan M. Keegan
Fordham International Law Journal
This Comment considers the Northern Ireland Criminal Cases Review Commission (CCRC), its establishment, and its likely effects on miscarriages of justice. Part I of this Comment considers British and Northern Irish law. Part I also highlights British law leading up to the creation of the CCRC and Northern Irish law in light of its unique elements. Part II explains the establishment of the CCRC, its powers, and structure. Additionally, Part II discusses various commentary on the creation of the CCRC. Part III analyzes the future effectiveness of the CCRC in correcting miscarriages of justice, paying particular attention to the case …
Prospects For Justice: The Procedural Aspect Of The Right To Life Under The European Convention On Human Rights And Its Applications To Investigations Of Northern Ireland's Bloody Sunday, Kara E. Irwin
Fordham International Law Journal
This Comment examines how the new doctrine of the procedural aspect of Article 2 of the European Convention can provide recourse for the travesty of justice inherent in failed investigations of alleged violations of the right to life, such as the contended failure of the Widgery Tribunal's investigation of Bloody Sunday in Northern Ireland.
Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton
Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton
Fordham International Law Journal
Documentary letters of credit have historically been an important and popular method of payment in international trading transactions. In fact, they have been described as the "lifeblood of international commerce." A number of uniform international practices have developed for their use, many of which are codified in international rules such as Uniform Customs and Practice for Documentary Credits. In the global information age, as the nature of international commerce changes, so too must the operation of such payment mechanisms. With the increase in electronic trading, the "documentary" nature of these credits may require some revision. This Essay examines ways in …
Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka
Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka
Fordham International Law Journal
This Essay suggests a number of ways in which rule of law partners in the United States and abroad with modest technical background might more easily communicate, plan, coordinate, and research joint projects. Without the new computer technologies it would be very difficult to conduct rule of law projects between partners in the United States and Russia. Recent advances in technologies now make communication with colleagues across the world by computer easier than ever.
Rethinking Mcclesky V. Kemp: How U.S. Ratification Of The International Convention On The Elimination Of All Forms Of Racial Discrimination Provides A Remedy For Claims Of Racial Disparity In Death Penalty Cases, Robin H. Gise
Fordham International Law Journal
This Note addresses U.S. obligations under CERD in the context of racial disparity in the imposition of the death penalty and proposes courses of domestic and international action. Part I examines the historical racial disparity in the imposition of the death penalty in the United States. It discusses the U.S. Supreme Court's decision in McClesky to deny relief to a death row inmate who demonstrated that race influenced whether a death sentence was imposed. Part I also explores the development of CERD and discusses CERD's standard for proving discrimination based on a showing of racially discriminatory effect. Finally, Part I …
Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund
Removing Drug Lords And Street Pushers: The Extradition Of Nationals In Colombia And The Dominican Republic, Joshua H. Warmund
Fordham International Law Journal
This Comment explores the interplay between drug trafficking and extradition policy in the U.S.-Latin American-Caribbean region by focusing upon the recent legal shift in Colombia and the Dominican Republic. Part I describes the status of current international extradition law, focusing on modern extradition policy. In particular, this part details the respective extradition treaties of Colombia and the Dominican Republic with the United States. Part I also explores the roles that these two nations assume trafficking drugs into the United States and highlights the corresponding U.S. anti-drug enforcement response. Finally, Part I examines the challenges that drug trafficking and certain anti-drug …